Is U.S. Immigration and Customs Enforcement, commonly called ICE, currently searching for undocumented immigrants in Cleveland? Social media lit up recently with posts of sightings in the Cleveland area. Local officials are less certain about the activity that has some residents nervous.
Margaret W. Wong & Associates, an immigration law firm, posted on social media about hearing that ICE agents were knocking on doors on the West Side. Lynn Tramonte from Ohio Immigrant Alliance said the organization has also heard multiple reports of ICE and U.S. Customs and Border Protection (CBP) agents in Northeast Ohio.
But Cleveland officials “are not aware of any ICE activity occurring in the city,” a spokesperson for Mayor Justin Bibb told Signal Cleveland. ICE is not required to alert or coordinate with local law enforcement. Cleveland police do not enforce federal immigration laws and “will never ask about an individual’s immigration status,” the spokesperson said.
ICE’s press office acknowledged Signal Cleveland’s request for comment but did not provide any information. The Border Patrol did not respond.
If ICE does come knocking, here’s some basic information from local and national experts.
Judicial warrants vs. immigration warrants
Like all law enforcement entities, ICE’s power is limited by the U.S. Constitution.
The Fourth Amendment protects people — citizens and non-citizens alike — against “unreasonable searches and seizures” by requiring law enforcement agencies to obtain warrants from judges to search on private properties. The warrant must describe “the place to be searched, and the persons or things to be seized.”
But not all warrants are the same, and the differences matter a lot.
A judicial warrant has been approved and signed by a judge or magistrate in a state or federal court. The document will say “United States District Court” or the name of a state court at the top and will lay out who or what the agents are looking for, exactly where they can look (the address and the areas within those premises) and when they can do it.
“There are serious consequences for refusing to comply with a judicial warrant,” according to the National Immigration Law Center, an advocacy organization for low-income immigrants.
Judicial warrants are not the same as immigration warrants (also called administrative warrants and removal warrants). An immigration warrant gives agents the power to arrest a specific person in a public place. It “does not authorize a search of nonpublic areas,” according to the NILC.
In other words, ICE agents with an immigration warrant, but not a judicial warrant, need permission to enter a home, the private areas of a business or any place where a person has a “reasonable expectation of privacy.”
All of the above applies to subpoenas as well.
ICE is at the door and they say they have a warrant. What do I do?
First off, you do not have to open the door. NILC says that opening the door “can be construed as your having consented to a search.”
You can ask them to hold the warrant up to a window or slide it under the door.
An immigration warrant will state that it is issued by the U.S. Department of Homeland Security. NILC says to look for a DHS seal, label, and/or a form number, like DHS Form I-200, “Warrant for Arrest”; or Form I-205, “Warrant of Removal/Deportation.” You can also look for the word “alien” in the title and references to immigration laws (such as the Immigration and Nationality Act).
An immigration warrant may be signed by an immigration judge, but that still does not make it a judicial warrant.
NILC provides a lot more information about the different types of warrants — and images of them — in this explainer.
Can ICE enter a business without a warrant?
ICE agents can enter a business at any time to confirm that an employer has verified workers’ identities and that they can legally work in the U.S. This is called a Form I-9 audit. But they are limited to public areas of the business — for example, the dining room of a restaurant. They can’t enter private areas of the business (like a kitchen) without permission of the business owner or a judicial warrant.
NILC offers a free downloadable guide with lots more information for employers. The guide is also available in Spanish, Chinese, Korean and Thai.
The ACLU of Ohio has information specific to health care facilities (for example, they have no obligation to collect patients’ immigration status details) and places of worship (federal law does not recognize the concept of “sanctuary” from law enforcement).
Can ICE enter my home or apartment without a warrant?
ICE agents cannot enter a private residence without the homeowner’s or renter’s permission or a judicial warrant. Even if they have an immigration warrant for a person inside, they have to “wait it out … until the person named in the warrant can be located” in a public place, according to this federal law enforcement training resource.
The National Apartment Association has advice for landlords. For example, “Property owners and commercial establishments have a right to privacy, and their employees generally do not have to allow ICE onto their facility.” NAA also recommends consulting a local attorney about whether to ask for immigration status on rental applications.
Where to find help and more information
The Cuyahoga County Welcome Center offers services for immigrants, including legal support. The Legal Aid Society of Cleveland helps immigrants gain more stable legal status.
The Northeast Ohio Coalition for the Homeless has rounded up advice from other sources specifically for people experiencing homelessness.
The Immigrants Advocates Network maintains a database of legal services in Ohio.
Read more about citizens’ and immigrants’ rights from the ACLU of Ohio, the National Immigrant Justice Center and the Immigrant Legal Resource Center
The Inter-Religious Task Force on Central America and Cleveland Heights for Immigrant Rights are offering ICE Defense Network Training on Feb. 15, from 3 to 5 p.m., location to be determined. You can register with this form.
